Link: GAO Decision
Protestor: TranLogistics, LLC
Agency: Department of the Air Force
Disposition: Protest Denied.
Protest that an agency improperly awarded a contract to a firm whose sole owner was a federal government employee is denied where the record shows that the firm’s owner was not a federal employee at the time of award or thereafter.
General Counsel PC Highlight:
TranLogistics, LLC protested the award to The Rockhill Group, Inc. of a contract for the use, maintenance, and support of aircraft required for pilot and intelligence personnel training. The RFP, issued on a competitive 8(a) basis, provided for award on a lowest-priced, technically-acceptable basis. Rockhill had received the predecessor contract as a non-competitive 8(a) award through December 31, 2011, which was followed by an interim contract and extension. TranLogistics contended that Rockhill was owned by a federal government employee, and was therefore ineligible to receive a government contract.
The GAO denied TranLogistics’ argument that Rockhill was ineligible for award, finding that, although Rockhill’s owner had been a civilian employee of the agency from January 2011 to February 2012, he was not a government employee at the time of award. The GAO declined to consider complaints regarding Rockhill’s status as a small business and 8(a) concern, noting that these issues were properly before the SBA.
The GAO’s bid protest jurisdiction is generally limited to protests of the terms of a solicitation and recent awards of contracts. If a company believes that a firm has improperly received awards based on its eligibility under certain set-aside programs, jurisdiction is properly before the SBA. However, if that firm was ineligible due to its ownership by a federal employee, the company should notify the Inspector General offices of the agencies that had awarded contracts to that firm.